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Prime Minister blames Opposition for spreading ‘falsehoods’ about 20A

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No attempt made to reduce powers of Auditor General or remove PM’s Office or Presidential Secretariat from AG’s purview

 Prime Minister Mahinda Rajapaksa, yesterday, denied allegations that the Auditor General’s powers would be reduced by the proposed 20th Amendment.

pm Rajapaksa said that Constitutional provisions regarding the Auditor General had hardly come to public attention and thus the opposition was using that lack of knowledge to propagate various falsehoods.

Rajapaksa said that one of the main false claims was that the 19th Amendment had created an Audit Commission and that the 20th Amendment sought to abolish it.

The PM said in a media statement: “What the 19th Amendment made provision for was not an Audit Commission but only an Audit Service Commission. The Audit Service Commission does not carry out any auditing functions. It handles matters like the appointment, promotion, transfer and disciplinary control of members of the State Audit Service. Usually such matters pertaining to government servants are dealt with by the Public Service Commission. All that the creation of the Audit Service Commission achieved was to set up yet another Commission to do the work that was being done by the Public Service Commission.”

“Another false claim being made by the opposition is that the 20th Amendment seeks to remove the Presidential Secretariat and the Office of the Prime Minister from the purview of the Auditor General. From the very inception of the 1978 Constitution, the Presidential Secretariat and the Prime Minister’s Office have been under the purview of the Auditor General. The phrase “all departments of government” in Article 154(1) of the pre-19th Amendment Constitution brought the Presidential Secretariat and the Prime Minister’s Office under the purview of the Auditor General, he said. These institutions were always listed as government departments in the Government Financial Regulations. Quite apart from these two institutions, even the Office of Former Presidents is listed as a separate government department and all these institutions were always audited by the Auditor General.

“The inclusion of the Presidential Secretariat and the Office of the Prime Minister by name in Article 154(1), by the 19th Amendment did not achieve anything new. Even though they may have not been specifically mentioned by name, from the very inception of the 1978 Constitution, the Presidential Secretariat and Prime Minister’s Office had always been under the purview of the Auditor General. Even after the 20th Amendment reinstates the old article 154(1) which existed from the inception of the 1978 Constitution, in place of the so called ‘changes’ made by the 19th Amendment, the Presidential Secretariat and the Prime Minister’s Office will continue to remain within the purview of the Auditor General. Over the past decades, it’s the Auditor General who audited the Presidential Secretariat and the Prime Minister’s Office and not some private audit firm.

“Another falsehood being propagated is that state owned companies will be removed from the purview of the Auditor General by the 20th Amendment. However the auditing of state corporations and state owned companies (i.e. companies in which the state owns more than 50% of the shares) comes under Article 154(2) of the Constitution. Under the provisions of Article 154(2), the minister in charge of the subject can assign the auditing of a state corporation or a state owned company to a qualified audit firm.

“However before doing so, he is mandatorily required to obtain the concurrence of the Finance Minister and also to consult the Auditor General. After the minister in charge of the subject assigns the auditing of a state corporation or a state owned company to an audit firm in this manner, the Auditor General can issue a written notice to that audit firm informing them that he proposes to utilize their services for the performance and discharge of the Auditor-General’s duties in relation to that state corporation or state owned company, and thereupon that audit firm is mandatorily required to act under the direction and control of the Auditor-General.

“The content of Article 154(2), which existed from the inception of the 1978 Constitution, was not changed by the 19th Amendment. The content of Article 154(2) will not change under the 20th Amendment either. Therefore it can be said that the content of Article 154(2) has remained the same from the inception of the 1978 Constitution and will continue to remain so in the future as well. Hence the claim that state owned companies are to be taken out of the purview of the Auditor General, is a complete falsehood.”

“It is also being claimed by the Opposition propagandists that the 19th Amendment has stipulated that the Auditor General should be a ‘qualified auditor’ and that when the 20th Amendment reinstates the old pre-19th Amendment Article 153(1) this qualification requirement will be dropped and hence, after the 20th Amendment is passed, even an unqualified person can be appointed as Auditor General.”

“Constitutions are written on the assumption that those reading it will have basic common sense. The Constitution does not state anywhere that the person appointed as Attorney General or as a Supreme Court judge has to be a qualified lawyer. But those appointed as Attorney General, Auditor General or a Supreme Court judge will always have the required educational and professional qualifications without which they cannot function in those positions. All that the 20th Amendment seeks to do is to replace the changes made to the provisions relating to the Auditor General by the 19th Amendment with the provisions that existed before the 19th Amendment. The opposition has been unhesitatingly uttering every lie that comes to mind with regard to this matter because of the confidence that most people would not be familiar with these obscure provisions of the Constitution. It’s our duty to understand the facts of the matter and to defeat the unprincipled attempt being made by the opposition to mislead the people.”

 

 

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Special COVID-19 probe crippled by infections among CCD sleuths: AG calls for new police team

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By Shamindra Ferdinando

Brandix Apparel Limited yesterday (29) said that the company would fully cooperate with relevant authorities in the investigation ordered by the Attorney General (AG). A spokesperson for the company said so when The Island sought a clarification with regard to AG Dappula de Livera, PC, directing the police to launch a criminal investigation into the alleged lapses on the part of the company as well as those officials leading to the devastating COVID-19 outbreak.

The Minuwangoda eruption, which happened in the first week of October is widely believed to be the cause of the fast expanding Peliyagoda cluster.

Asked whether the police had contacted the Brandix management as regards the investigation and sought access to Brandix management and workers at its Minuwangoda apparel manufacturing facility as well as records at the Minuwangoda facility, the spokesperson said: “We will work with the relevant authorities in this regard”.

The Colombo Crime Division (CCD) tasked with the probe has suffered a serious setback due to a section of its officers being tested positive for COVID-19. Authoritative sources said that the CCD lacked sufficient strength to carry out the investigation.

AG de Livera early this week told DIG Ajith Rohana that a progress report should be submitted to him by or before Nov. 13.

Sources said that the badly depleted CCD was not in a position to conduct the high-profile investigation, in addition to other ongoing inquiries. The AG has directed the Acting IGP to constitute a special team of law enforcement officers to conduct the investigation. Sources acknowledged the urgent need for a thorough inquiry into the far worse second corona wave. Sources said that the AG issued fresh instructions in that regard after the crisis in the CCD was brought to his notice.

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Most garment workers under self-quarantine left to fend for themselves

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By Rathindra Kuruwita

A large number of garment workers who were undergoing self-quarantine in Minuwangoda did not receive any assistance, Chamila Thushari of the Dabindu Collective, a labour organisation that works with garment workers, told The Island yesterday.

She said that those who were under self-quarantine did not have money to purchase food and even those who were willing to help could not reach them.

“Some of them have received food parcels from their work places but that is not adequate. Most others have not received any assistance. Matters will only get worse after curfew is imposed throughout the Western Province,” Thushari said.

Most of these workers are undergoing self-quarantine at their boarding places, which also house individuals who still work in garment factories. “Although there is a curfew, they can go to work. These are perfect incubators for the virus,” she said.

Thushari said that every day between 20-30 workers under self-quarantine, tested positive for COVID-19.

There were no public health inspectors to monitor the boarding houses of garment workers to ensure that COVID-19 prevention measures were being followed, she said.

“Not even Grama Niladaris visit them,” Chamila said.

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SJB requests separate seats for its dissidents

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Chief Opposition Whip and Kandy District MP Lakshman Kiriella has written to Speaker Mahinda Yapa Abeywardena requesting him to make arrangements to provide separate seats to the nine MPs who had voted with the government for the 20th Amendment to the Constitution recently.

The letter dated yesterday said that the SJB parliamentary group had decided to expel MPs Diana Gamage, A. Aravind Kumar, Ishak Rahuman, Faisal Cassim, H. M. M. Haris, M.S. Thowfeeq, Nazeer Ahmed, A.A.S.M. Raheem and S.M.M. Musharaf and it requests the Speaker to make separate seating arrangements for these MPs in the Chamber.

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